Notice2024-20386
Proposed Consent Decree, Clean Air Act Citizen Suit
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 10, 2024
Issuing agencies
Environmental Protection Agency
Abstract
In accordance with section 113(g) of the Clean Air Act, as amended ("CAA" or "the Act"), the Environmental Protection Agency ("EPA" or "the Agency") is providing notice of a proposed consent decree in Louisiana Environmental Action Network, et al. v. Regan, No. 1:23-cv-2714-DLF (D.D.C). On December 7, 2023, Plaintiffs Louisiana Environmental Action Network, People Concerned About Chemical Safety, and Sierra Club (collectively Plaintiffs) filed an amended complaint in the United States District Court for the District of Columbia. Plaintiffs alleged that: EPA failed to perform certain non- discretionary duties in accordance with the Act to "review, and revise as necessary" the National Emission Standards for Hazardous Air Pollutants ("NESHAP") for the Polyether Polyols Production source category, at least every eight years; and EPA's failure to timely issue a new final rule or other final action on the 2014 petition for reconsideration (the Reconsideration Petition) submitted by Louisiana Environmental Action Network and Sierra Club for the NESHAP as promulgated in 2014. The proposed consent decree would establish deadlines for EPA to take actions.
Full Text
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<title>Federal Register, Volume 89 Issue 175 (Tuesday, September 10, 2024)</title>
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[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Notices]
[Pages 73413-73414]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20386]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2024-0394; FRL-12196-01-OGC]
Proposed Consent Decree, Clean Air Act Citizen Suit
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed consent decree; request for public comment.
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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA'' or ``the Act''), the Environmental Protection Agency
(``EPA'' or ``the Agency'') is providing notice of a proposed consent
decree in Louisiana Environmental Action Network, et al. v. Regan, No.
1:23-cv-2714-DLF (D.D.C). On December 7, 2023, Plaintiffs Louisiana
Environmental Action Network, People Concerned About Chemical Safety,
and Sierra Club (collectively Plaintiffs) filed an amended complaint in
the United States District Court for the District of Columbia.
Plaintiffs alleged that: EPA failed to perform certain non-
discretionary duties in accordance with the Act to ``review, and revise
as necessary'' the National Emission Standards for Hazardous Air
Pollutants (``NESHAP'') for the Polyether Polyols Production source
category, at least every eight years; and EPA's failure to timely issue
a new final rule or other final action on the 2014 petition for
reconsideration (the Reconsideration Petition) submitted by Louisiana
Environmental Action Network and Sierra Club for the NESHAP as
promulgated in 2014. The proposed consent decree would establish
deadlines for EPA to take actions.
DATES: Written comments on the proposed consent decree must be received
by October 10, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2024-0394, online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (EPA's preferred
method). Follow the online instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
number for this action. Comments received may be posted without change
to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Additional Information
about Commenting on the Proposed Consent Decree'' heading under the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Michael Thrift, Air and Radiation Law
Office, Office of General Counsel, U.S. Environmental Protection
Agency; telephone: (202) 564-8852; email address: <a href="/cdn-cgi/l/email-protection#2d59455f444b5903404446486d485d4c034a425b"><span class="__cf_email__" data-cfemail="53273b213a35277d3e3a3836133623327d343c25">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Obtaining a Copy of the Proposed Consent Decree
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2024-0394) contains a copy of the proposed consent
decree. The official public docket is available for public viewing at
the Office of Environmental Information (OEI) Docket in the EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Ave. NW, Washington, DC.
The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the OEI Docket is (202) 566-1752.
The electronic version of the public docket for this action
contains a copy of the proposed consent decree, and is available
through <a href="https://www.regulations.gov">https://www.regulations.gov</a>. You may use <a href="https://www.regulations.gov">https://www.regulations.gov</a> to submit or view public comments, access the index
listing of the contents of the official public docket, and access those
documents in the public docket that are available electronically. Once
in the system, key in the appropriate docket identification number then
select ``search.''
II. Additional Information About the Proposed Consent Decree
Plaintiffs filed a complaint in the United States District Court
for the District of Columbia alleging (i) that EPA failed to perform
certain non-discretionary duties in accordance with the Clean Air Act
under section 112(d)(6) to the NESHAP for the Polyether Polyols
Production source category, 40 CFR part 63, subpart PPP, at least every
eight years; and (ii) that EPA's failure to issue a new final rule or
other final action on the 2014 petition for reconsideration (the
Reconsideration Petition) submitted by Louisiana Environmental Action
Network and Sierra Club for the NESHAP as promulgated in 2014, 79 FR
17340 (March 27, 2014), constitutes ``agency action unreasonably
delayed'' under Clean Air Act section 304(a).
The EPA solicits public comments on a proposed consent decree that
would establish deadlines for EPA to take proposed and final actions
pursuant to Clean Air Act (CAA or Act) section 112(d)(6). Specifically,
the consent decree would require by December 10, 2024, that EPA sign a
final rule taking action on reconsideration of the affirmative defense
provisions related to the 2014 national emission standards for
hazardous air pollutants (NESHAP) for the Polyether Polyols Production
source category, 40 CFR part 63, subpart PPP. In addition, the consent
decree would require by December 10, 2024, that EPA sign a notice of
proposed rulemaking on its review of the NESHAP for the Polyether
Polyols Production source category, 40 CFR part 63, subpart PPP,
including all ``necessary'' revisions (taking into account developments
in practices, processes, and control technologies) to subpart PPP and
to reconsider other aspects of the 2014 NESHAP subpart PPP. Finally,
the consent decree would require by December 10, 2025, that EPA sign a
final rule for these proposed actions. For a period of thirty (30) days
following the date of publication of this notice, the Agency will
accept written comments relating to the proposed consent decree. The
EPA or the Department of Justice may withdraw or withhold consent to
the proposed consent decree if the comments disclose facts or
considerations that indicate that such consent is inappropriate,
improper, inadequate, or inconsistent with the requirements of the Act.
III. Additional Information About Commenting on the Proposed Consent
Decree
Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2024-
0394, via <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Once submitted, comments cannot
be edited or removed from this docket. The EPA may publish any comment
received to its public docket. Do not submit to EPA's docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA will generally not consider comments or comment
[[Page 73414]]
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. For additional information about submitting information
identified as CBI, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section of this document. Note that written
comments containing CBI and submitted by mail may be delayed and
deliveries or couriers will be received by scheduled appointment only.
If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment. This ensures that you
can be identified as the submitter of the comment and allows EPA to
contact you in case EPA cannot read your comment due to technical
difficulties or needs further information on the substance of your
comment. Any identifying or contact information provided in the body of
a comment will be included as part of the comment that is placed in the
official public docket and made available in EPA's electronic public
docket. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.
Use of the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website to submit comments
to EPA electronically is EPA's preferred method for receiving comments.
The electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' The EPA is not required to consider these late
comments.
Gautam Srinivasan,
Associate General Counsel.
[FR Doc. 2024-20386 Filed 9-9-24; 8:45 am]
BILLING CODE 6560-50-P
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